>>megyn: thank you for watching, everybody, "studio b" with shepard smith starts right now. >>shepard: thank you, megyn, the news begins anew, on "studio b." would a verdict come at any time? it may. in the case of a high school teacher accused of having sex with five of her former students. a live report on in teacher coming up in a moment. concerns over the red light cameras. don't you hate these things? they are trying to get my money. a consumer group is accusing some companies of putting profits ahead of safety. and the defense in the trial of michael jackson's natural doctor close to wrapping up its case. what could be the last day of testimony is getting pretty heated. we will go live to the courthouse for an update. that is all ahead unless breaking news changes everything. this is "studio b." >> but, first, from fox at 3:00

in new york, new signs the united states economy is moving in the right direction at long last, easing fears of a possible double dip. the commerce department reports economy the grew at a rate of 2.5 percent between july and september almost double the rate of the previous three months with levels we have not seen since mid-2010 but analysts say that is not enough to boost the troubled jobs market with new unemployment claims down 2,000 last week, above levels that indicate "healthy." and big moves in the market, the down up 361 points. we are told this is mostly because of a deal that could resolve the european debt crisis. gerri has more on how that can affect the markets and she is live in the studio but first, ed at the white house. ed? where is ed? you are in monitor three.

that must be exciting. what is happening there? >>reporter: they took the numbers obviously with some grain of salt. as you lay that out, this is better than it has been recently but too big facts staring the president right not face: number one, it is not enough growth to put a dent in unemployment. that is the real number economists are looking at and the real number many of the american people look at. after three more days on the road, pushing his jobs bill the president is no closer to getting that through congress, so, carney, today, tried to use the mixed number to, again, push the jobs bill. >> if congress does not pass any provision in the american jobs act, economic prognosis for next year is growth that is too slow to bring down unemployment. now, maybe some in congress think that is okay. i sure know, we know, that the american people, left right and center do not think that is

okay. >>reporter: and points to the fact the white house will not back down from the president continuing to take the executive actions go and the congress to tinker with student loans and housing as we saw early this week because they say without passage of the jobs bill he needs to act. >>shepard: what do republicans say, ed? , they are fired up about the executive action and speaker boehner was on radio suggesting maybe some of the maneuvering is illegal or improper. white house soundly rejecting that. but the house majority leader cantor said, look, the president keeps say "we can't wait," but, house republicans have passed 15 different measures they say will create jobs but are now waiting in the senate. so they say 9 senate democrats are slowing it down. >> we're not waiting. we are saying these are the items we feel we can work together on with this president

and unify the company toward helping an economy grow again. >>reporter: after weeks and weeks of the president pushing the jobs bill, both parties still at loggerheads. no action one year before the election of 2012. >>shepard: one year. ed, thank you from the white house. look at this. 362 points, music to the ears of gerri willis. that's pretty astounding. the numbers were good but, this? >>gerri: we have the eu bailout and the g.d.p. numbers looked really good. first quarter we had 0.4 percent in the first quarter and the second quarter was 1.3 percent so this is good news so that is better than going negative. >>shepard: i have said at the beginning this could ease the concerns. is that true universally? >>gerri: a lot people look at

unemployment as the big negative and you mentioned that, 9.1 percent but it is something that will be very difficult for the economy to continue to grow when unemployment is that high. >>shepard: now what are you supposed to do? get back in the market? >>gerri: here is what i think. a lot of individuals have godden out of the stock market and never want to get back in. the problem with that, these people will want to retire some day and they will not have investments in the stock market and it will be difficult for them, indeed. a lot of professional managers saying this afternoon that they think they are getting back into the market. it is not just individuals who have gotten out but professionals, too. >>shepard: we are at 12,231. people get in now we could get some crazy numbers. >>gerri: don't want to be the last person. >>shepard: if you are the last one in ... only one way to go.

>>gerri: katie bar the door. >>shepard: the best in business on at 5:00 fox business network. and then occupy wall street movement and the protests. the chief of police in oakland promises a vigorous investigation into claims his officers critically injured an iraqi war vote. trace is in the west coast newsroom. a fractured skull. i watched this on tv. and the overwhelming sentiment is, the police, they simply overreacted. >>trace: he was hit not head with something because he had a fractured skull. what was the object? the protesters say whatever it was was either thrown or fired by the police. the man who tried to carry the injureed vet from the seen was hit by a rubber bullet and he kept it as proof. the police chief says that is impossible.

listen to the police chief addressing the issue of the rubber bullet, along with a protester. listen. >> none of the police officers used rubber bullets. we don't have that in our inventory. our officers were assaulted with bottles. rocks. and has -- had hazardous materials. >> that is a lie. the police did this. they need to go to jail. >>trace: he talk about hazardous material and that was paint thrown by the protesters. >>shepard: and bottles. now, there have been all kinds of problems with the oakland police. what do the cops say how they will respond? >>trace: well, the police are saying they will treat this as a "level one investigation," the same as if a police officer was actually injured so, now they have brought in an internal review board and prosecutors to do the videotape. look at this after the first cannister of tear gas was

sprayed, the iraqi war veteran is on the ground people go in and the cop throws another cannister in there and that is when the crowd scattered again. here is, now, a friend of iraqi war veteran scott olson. >> he went to iraq with no injury and here the police officers, the ones who are supposed to protect him, shoot him, while he is exercising the freedoms he fought for. >>trace: by the way, oakland police say it is just as possible one of the protesters threw something that hit the iraqi war veterans. his condition now has been upgraded reportedly to "fair," condition. >>shepard: that is good. police investigating. dr. conrad murray's defense team is trying to finish strong. the lawyers calling experts on drug addiction, on propofol, to convince the jury that michael jackson was responsible for his own death. next, details from the courtroom as the trial heads into the final hours. herman cain takes the lead.

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>>shepard: all kinds of tenseness in the manslaughter trial of michael jackson's personal physician, dr. conrad murray. the lead prosecutor butting heads with a drug addiction specialist there for the defense. >> you have had patients come who previously received incompetent addiction care and came to you and you were able to able them, correct? >> your words, sir, not mine. >> is there a reason why it is difficult to answer my questions and so easy to ask his questions? >> i have no answer. i never made such a statement. >> i didn't ask you if you made that question i am asking you a statement. >> you are putting words in my

mouth. >> good grief. it went back and forth and the addiction specialist is the last remaining witnesses for the defense before the defense wrapped up the case. and now to the courthouse, now, dr. conrad murray is facing up to four years behind bars after investigators say he gave michael jackson a lethal dose of propofol but the defense claims michael jackson gave himself that dose when dr. conrad murray was out of the room. adam, man, heated and a lost weird notice. >>reporter: and sniping, and sarcasm, and the judge got frustrated. you could see him saying "enough." carry this on, answer the questions and they had a lot of questions read back, because the witness said he didn't understand them and the prosecuting attorney during cross-examination said, yes, you do, read it back, then, and a lot of problems going on. you show one of them. we will show you another clip. this is the back and forth that kept the courtroom on edge. take a listen.

>> did you ask for it to make an informed decision here? answer: informed decision with respect to what? question: you tell me. did you ask for this? answer: well. >> arguing, reask. question: your care regarding your expertise in the area of addiction medicine? answer: no. >>reporter: that was a back and forth discussion, an argument whether he has read all of the statements given by dr. conrad murray, shepard, in regard to his care of michael jackson and what drugs may have been used but you can see they did not get along and they will not get a drink together any time soon. >>shepard: and another propofol expert coming, i'm told. >>reporter: yes, he is the one everyone is waiting for, supposed to be the star witness for the defense, the other main propofol expert in the country, really well respected in his industry, has known the prosecution star witness for a long time, and he is expected to

take the stand after the lunch break and go on that stand and say that michael jackson may have given it to himself. we were curious how this goes down because the defense will say one thing. and when the witness gets on the stand does not necessarily follow the same path evident with the witness that just left. so, everyone here is curious to see when paul white, who is supposed to be the star witness, takes the stand, what angle is the defense going to take with his testimony? it will come down to, which of the two experts will the jury believe? the prosecution expert? or the defense expert? who, i might mention, used to be friends before the trial. >>shepard: and we will ask the lawyers about that. prosecution expert and against expert. i am sick of hearing propofol. what do you guys think? this bickering, arthur aidala, who we pay, and randy zelin who volunteers because he is such a

nice man, what are we going to do when they start fighting? is that bad for the against? >>arthur: in good for, the defense called this doctor and his credibility is what is at issue. i will tell you as a defense attorney i instruct witnesses don't fight with the prosecution. but it makes it seem like you are hiding something. he should having in to hide and should antithe questions freely and openly and the same way he answered when the defense attorney was asking the questions. so, usually that doesn't play well to a jury. why isn't he antiking the question you? >>shepard: you have a different take? >>randy: i couldn't disagree more. the questions, cross-examination, 101, short questions. get into a rhythm. he is asking 45 minute questions and the witness had every reason to say "i don't understand." they were not intelligible. i got news, battle of the experts? tie goes to the runner. the jury is left --. >>arthur: i don't know --.

the prosecution called effectively three different doctors with different backgrounds and different demeanors, and they presented to the jury. >>randy: okay. really? really? >>arthur: they were each good. >>randy: okay. >>arthur: a reasonable dark who not act the way dr. conrad murray did. >>shepard: in english is that not true, randy, a reasonable dark who not allow the propofol? >>randy: this is a trial about whether or not he administered a particular dose of propofol that killed michael jackson. they have not proven it beyond a reasonable doubt. you could not decide whether to have life saving surgery. you need more information. that is "reasonable doubt." no one said i saw him do it or he told me. >>shepard: you are from the perry mason world where we have

to have a witness or you let people go 23? >>randy: you have to have evidence and proof beyond a reasonable doubt. he is presumed innocent. >>arthur: if breaking news happened right now and you started freaking out and yelling and throwing pains they would call three other anchors and say, what would happen if breaking news, or a major earthquake what would you do? i would speak to the producer and do this and that and it would show a pattern which the three main experts lay down that pattern of how you handle breaking news and now they are throwing on a defense expert who better really hit the ball out of the park this afternoon otherwise you will see a swift verdict. >>randy: what is going to be the best for dr. conrad murray is his video showing what an expert was that michael jackson was in giving himself and knowing about propofol. >>shepard: we will know soon enough. randy, arthur, thank you. the united states launched another drone strike on a

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>>shepard: breaking news, moments ago the dow hit up 400 points on today's session alone, up 3.3 percent. again, gerri is in to explain how it is happening. the question now is, how high can it go? we shall see. continuing coverage throughout the hour. first, cops in the state of ohio getting quite an eye full when officers pulled over a suspect for reportedly driving 110 miles

per hour. look at this. >> out of the vehicle! step out of the vehicle! >>shepard: the woman got out stumbling, bumbling. wearing nothing but sneakers and a g-string. the arresting officer says she is 26 years old and he has never seen anything quite like that. but the suspect had half naked freak out in the squad car quicking and extreming and facing several charges including driving under the influence. >> pakistan, now, and word a c.i.a. drone strike killed a top commander and members of the pakistani taliban. officials say they were linked to deadly attacks on u.s. troops in neighboring afghanistan. and jennifer griffin is live at the pentagon. how significant is this? >>reporter: the drone fired six missiles at a vehicle

traveling in southwest area killing five top taliban militants that until today was treated with hands off approach by pakistan. the commanders belong to a network run by the commander of 1,200 fighters days after secretary of state, hillary clinton, and c.i.a. c flew to pakistan. >> i make it clear to the pakistanis the attack on our embassy was an outrage and the attack on our forward operating base that injured 77 of our soldiers was a similar outrage. >>reporter: nato launched a majorration against taliban which admiral mullen said was an arm of pakistan's intelligence service. >>shepard: any indication they are cooperating after hillary clinton's visit? >>reporter: the united states

usually needs pakistan's help with the targeting for the drone strikes so often pakistan is helping behind the scenes for the targeting. when secretary of state, hillary clinton when in pakistan last week, they asked her to meet with a leader from the group and pakistan wants to lower the tension between the american delegation and the hakani but a top commander said this, today, about the double game pakistan is playing. >> we have seen indications where fires have originated from positions that were in close proximity to some pakistan outposts which gives us great concern. >>reporter: cross border filing from pakistan into afghanistan is up four times as high as a year ago. >>shepard: that is a lot. thank you, jennifer. but now are waiting a verdict in the case of a high school teacher accused of having sex

with her students. a bunch of them. using insanity defense. the prosecution says otherwise, and caught in the middle are five high school boys who abused the teacher. a live report just ahead. [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

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a verdict is expected now at any moment in the case of an ohio teacher accuses of having sex with five of her underage students. the defense claims she has multiple personalities and the teacher is not guilty by reason of insandy. the prosecution concedes she does have certain mental problems but they say she can still tell the difference between right and wrong and several of her former students claim she give them drugs and alcohol in her own home before they took turns, doing the wild with her. and now in the chicago news troop. how did the medical evidence come through here, steve? >>reporter: psychologist had a diagnosis, her medical opinion was that she had adjustment disorder with anxiety and depression. whether that amounted to being able to differentiate between right and wrong, the critical question here, here is how she answered those questions. >> you have an opinion as to

whether that defendant suffered from severe mental disease or defect during the five occasions with the five young men? answer: yes. question: what is that opinion? answer: i do not believe they shad a defect. >>reporter: so she could have inability to tell right from wrong but this expert says she knew how. >>shepard: and the teacher's defense doctor says using the drugs triggered this behavior. >>reporter: yes and mass quantities of alcohol she was consuming and other traumas including an alleged abusive relationship with a spouse, a husband, all may have combined in some fashion to impair her ability to be able to tell right from wrong and that was his opinion based on her ex-emmarry professional behavior outside of the accusations she was having

sex with her students. >>shepard: thank you from chicago, steve. and now to the legal panel, former prosecutor and legal analyst, arthur aidala, the paid one, and criminal defense attorney, randy zelin, so, zoloft and teacher has sex with five young boys. >>arthur: zoloft. and alcohol. and irritable bowel syndrome. >>arthur: and her vegan diet. this is a judge, not a jury, where two could feel sympathy, this judge is not going to look at this, he will say, no, you did not pass the test. >>randy: jokes aside, there is a woman, her life is on the line, she is in a courtroom fighting for her life and what you have here is a defense of what is called automatic

behavior and in order to be found guilty you have to be criminally responsible for what you do. her defense is i can't be criminally responsible i was on auto pilot and didn't know what i was doing. the problem that the defense has, the voluntary intoxication, what does that do to the defense? >>arthur: out the window. because she caused her insanity, by drinking. >>shepard: this will happen fast. look at basics, 16, 17-year-old boys. teacher is like, well, she is not so old, having you over for a little drink, hit of the bond, end up in the bed. and weed. they ought it is around and got high. and hot oils. and --. >>randy: hot tub. >>shepard: all kinds of something or other going on and

now the boys are older and they realize, man, teacher shouldn't have done there and now they are doing their duty and she is blaming them? that is what she is doing, the defense is saying they were bad boys. >>arthur: it is the government, the prosecution that is blaming her. they are blaming her. >>shepard: i thought everything was media's fault. >>randy: never, the issue is, does she know what she was doing? could she tell the difference between right and wrong? did she understand what she was doing? >>arthur: that is a red faced we defense, to actually argue to a judge these young men, boys, half her age, took advantage of her zoloft vegan diet. >>arthur: do you believe 16 and 17-year-old football players were much bigger than she was, they are football players. they were taking advantage? >>shepard: one is the teacher.

one is the student. and that's where the rule is. these boys were not underage, the age of consent is 16, what they are alleging is she as the authority figure is using her authority over these children to abuse them. that is the allegation. >>randy: "intent" is out of the question so clearly it would be based on they were under age and consent is irrelevant it would be tried as a different case if they were of age because now the issue becomes can a woman rape a boy who is of age you have to have "intent," and i don't think they can ever, ever, proven she has that. >>shepard: the green carpet, everyone is wearing green if there, what is that about? green carpet in t come in and deliver the thing and the second that happens we will look at the monitor and much what it, wkrc our eyes and ears in the courtroom in lebanon, ohio. weather alert?

should we do a weather alert? wait, wait, wait, wait, it might rain tomorrow if st. louis, they will cancel it. and this weekend? it might rain at giants stadium is the giants are playing. weather alert, cold, wet; rainy across the united states and know? the forecast, game 6 of the world series rescheduled, because of bad weather and it is snowing in texas? rick? where is it snowing in texas? rick: in amarillo. amarillo is getting snow. st. louis is good, the game, you have no excuse you will watch the game. tomorrow night, if it happens it will be nice, as well but the snow in denver yesterday is the same system that moved down parts of amarillo. look at the pictures: 4" to 5" of snow across the high plains in amarillo texas and hard to

believe we are still in october. hopefully that does not mean there will be lots of snow this winter but you get rain and snow across texas and oklahoma and we need that. the exact same system moving across the northeast, rain across coastal areas and interior sections looking for good snow today, maybe 3" to 6". >>shepard: and another storm? rick: washington, dc, and new york city, flirting with snow and by saturday, a nor'easter developing, 6:00 p.m. on saturday, new york city, baltimore, philadelphia, and this is a little bit aggressive, this model, but we will see a few flakes flying maybe sticking for a minute or two, not on the roads but it will be cold and sunny will be cold and it will be gone after that. >>shepard: and the hurricane is coming across cuba but no rain in florida?

rick: no rain in florida. >>shepard: miami is lucky. thank you county rick. funny thing about running for president just because you are ahead does not mean you are in the race. herman cain's frontrunner status may not amount to a hill of beans. not in my opinion. stay tuned. let me tell you about a very important phone call i made.

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article v commitment that says an attack on any of us is an attack on all of us and that we have to make sure we continue to have the kind of strong mutual defense posture this requires. the czech republic has reflected that commitment in the extraordinary efforts made in afghanistan for which we deeply appreciate. i will tell you when you talk to american commanders in afghanistan and you ask them, who are some of our best and most effective pans they consistently say the czech republic and we are very grateful for their contributions and we are going to be working and collaborating with them moving into a transition process where we increasingly --. >>shepard: the president has moved on to other topics but we were left with a huge day on wall street with the dow still up 383 points and up more than

400 a few minutes ago. great news on wall street. good news for europe. and the world. for that matter. and the president commenting moments ago. >>shepard: a judge refusing to drop criminal charges against john edwards. that clears the way for the trial next year. officials accused the former north carolina senator of using campaign cash to cover up an affair. and then lying about it. john edwards denies it all. this week his lawyers asked a judge to throw out the charges calling them politically motivated. he could face 3 years in prison but the lawyers are back. you guys have made the contention this is about discovery. >>arthur: what the defense, the lawyers puts the prosecution in a position to show their card to the judge so the judge can make this decision earlier. >>shepard: here we go. break news from the trial in ohio, the sex and teacher and kids' trial. >> not to be taken into

consideration in determining the existence of a mental state that is an element of a crime. voluntary intoxication may be admissible to show whether a person was physically capable of performing the act which the person is charged. the 20 has the burden of proof by a preponderance of the evidence on the insanity issue. your tones have made a valiant and compelling argument on your behalf. i cannot make the leap required to accept a proposition that at the time of the commission of the offense you did not know as a result of severe mental disease or defect the wrongfulness of your acts. i listened to your expert testimony and i also heard the evidence. i do not believe any reasonable person would listened carefully to the evidence could reach the conclusion that was offered by your expert psychologist.

i find it lacks credibility. with the exception of the conclusions of the defense experts' psychologist i find the majority of what was said by the witnesses on both sides to be credible, and i accept you are a person who cares about people, i believe you are a very talented teacher. i also know that it was your response belt to establish and maintain appropriate boundaries with your students whether at school or away. i find that you did not meet the requirements of the affirmative defense of not guilty by reason of insanity under orc29.1.01. i find the state has proven each element of battery as earned not indictment as amended beyond a

reasonable count and find you guilty all counts. do you see any reason why we should not proceed with sentencing? >> some family members are present there were other family members who especially a couple of the victims who wish to make a statement to you who were unable to be here this afternoon. would it be possible to set over for sentencing in the near future? >> what is your position on timing of sentencing, sir? >> i have not given it any thought, your honor, so whatever the court wishes to do. >> i am ready to proceed with sentence. they knew when the case would end so they had the opportunity. well start with since there is going to be a statement, we will let them use the podium.

>> if you would use the podium, it is easier to hear you with the microphone. if you will identify year self and you can say whatever you would like to say. >> i am the mother of victim number four. as a mother of victim number four, i feel compelled to address the court so that my voice is heard. not only do i wish the court and the public hear my voice but

that stacy you hear my voice, as well. psychologically our son and entire family have been impacted greatly by her choice to have sexual relations with these five young men. our son has her at a teacher and athletic trainer and, in addition he volunteered in her yoga class for special needs' students. my husband's father suffered from cancer which resulted in the removal of his jaw, radiation, and a series strokes and ultimately brain surgery and suffered a deep depression and felt lost. he confided in her during an extremely low period of his time of his life. he looked up to her. he trusted her. and had great respect for her as a teacher and a friend.

he had gone through countless counseling sessions with therapists, counselors, and a psychiatrist through the center. and, now a therapist at the university he attends. he yows men may appear as if they are tough guys but in reality they are truly hurting. we are not disputing who she was as a teacher. she played on their emotions and crossed the line. these events have changed him greatly not only in his relationship with girls but in addition, toward society as a whole. it break our hearts to hear him say that he lost faith in authority figures and how hypocritical they are. he lost faith in god we and thought people are evil. he no longer sees the good in

people. he never displayed this attitude before. as his mother i am devastated. it is a critical time in his life and he is a young man entering adulthood looking at the world as an evil place and his authority figures as hypocrites. she let him down. he trusted her. as he begins the freshman year in college he should be looking at life with great possibility and happiness. she has stolen his innocence and i'm not talking about his virginity but the innocence of being able to explore sexual intimacy with girls his own age. she presented these acts if they were a pornographic film not to mention the gossip and drama that surrounds our economy and across the nation. we are anger by the effects she has put on our son, short-term

and long term, and she groomed the boys and took advantage of their vulnerabilities and crossed the line and it is unacceptable. we ask you take the deepest consideration in sentencing miss schuler. >> anyone else?

>> my son is the first victim, i'm not here to make another testament, enough facts have been presented the past three or four days but as a father not to sit in judgment. i have prayed over nine months leading up to the past four days. trying to find answers and the strength to hold my family together and get through this. tough being up here. my heartaches because this, and including for stacy and her family, struggling with forgiving her and i hope i can through time as god has with us. a lost testimony about what did and does not happen and what tests were completed and what it was like growing up bringing them to where we are today, an

important part has been left out. the part is what impact this has had on others and i know jamie alluded to it, the defense attorney put his diagram up there with one dot but if you look at all the people impacted there are a number of dots on that piece of paper. it impacted my son. i was heartbroken. it hit me like a hammer on monday and tuesday. and watched this on wednesday, that what should have been a happy chant neither my son's life was not. he hated going to school. students didn't like him. he began failing classes. he lost friends and he had played football since 4th grade. he suffered depression and lost motivation and almost didn't go

to college. he did not want to be and the family. my son was not who he used to be. he was never abusive and never treated anyone with disrespect. it impacted my wife who works at the high school for autistic kids and actually trusted stacy as a friend and she has had to face this on a daily basis at the high school. and impacted my daughter, a senior, should be a happy time, and she has to deal with this on a daily basis with comments and stares. and impacts my other children as mentioned in the testimony on monday and tuesday, with their friends going through this as a family and impacts the other boys, that are parents and grandparents. >>shepard: so we are giving victim impact statements from the families of the kids, the football players, who had sex with the teacher. this sex ruined their lives. randy is this a little overkill? how do you see this? >>randy: this is the only

insanity portion of the trial that makes any sense. i mean, i'm the father of a 16-year-old and i can understand, a boy, i can understand at some level my soon-to-be ex-wife upset my son may have lost his virginity to -- do we believe they have been trauma tiesed and they are hated and vilified in the school and they lost their faith in god and humanity? i would be willing to bet they were walking around high five and they were the big men in campus. this is insane. >>shepard: randy will speak his mind. >>arthur: different between illinois and new york, and in new york, only the victim -- ohio, excuse me, only the victim can make an impact rule statement but maybe they have a rule because the victims are minors, if they were, that the parent can speak but in new york, not just anyone can come

up there and cry on the judge's shoulder, there could be some fear the judge will give her a slap on the wrist and they are trying to lay some heavyness on it. >>shepard: this is no psi, no presentencing investigation, so, randy, maybe they are not going to give her jail time because ... if they were beginning to ... move it over, they would have done it? this is all kind of weird? >>judge napolitano: bizarre, you would think a professional jurist, they would not be moved by this kind of emotion. >>shepard: he is probably like, what's all with y'all? >>judge napolitano: the statue must require him to endure this, otherwise, it is meaningless for him to permit it. the presentence investigation report normally takes four to six weeks and gives him all the background he needs and it would be impossible do send her to jail without that background. >>shepard: are they still at

it? what is going on? we got another one. this is the prosecutor. the other side all of this. >> we have all the families in the courtroom and ... the high school has been shut down trying to figure out would the boys are, and the only thing i'm grateful for is that the court's decision not going to pollute where they are now. (inaudible) she does not have conviction history her actions and her impact demands sentencing. judge: thank you. she will have an opportunity to

address the court. miss schler will have an opportunity to speak on her behalf behalf everyone has spoken. >> you had me at "probiotic." [ female announcer ] phillips' colon health. >>shepard: this teacher would had the sex with the kids is about to speak, so, listen.

>> this is your opportunity, miss schuler, to say what you would like to say in your own behalf. nothing? this is a noble profession that you have. and i have heard a lot of good thing about you but i know that you had the opportunity as all teachers do to effect the lives of our children and i can't say exactly what happened. you don't meet the definition of insanity. you clearly have some mental health issues which i am considering and will continue to consider as i deal with you, ma'am, but you crossed a line. you wouldn't be here if they weren't your students. your sex life is your business.

it would be humiliating for us in the courtroom to have to listen to what was said here or have to describe what we did. it is your own business except when you are a teacher and it involves your students. with regard to count one sexual battery, you are sentenced to 12 months. with regard to count two, sexual battery, you are sentenced to 12 months. with regard to count three, sexual battery, you are sentenced to 12 months. with regard to count four, offenses involving underage pens, furnishing alcohol to underage persons you are sentenced to 30 days, and with record to count five, sexual battery, you are sentenced to 12 mont.